DUNN'S BILL! 



HYPOCRISY OF BLACK REPUBLICANS 



IN CONGRESS! 



AS EXHIBITED BY THE OFFICIAL JOURNAL 




HOUSE OF REPRESENTATIVES. 



WASHINGTON: 
1850. 



i 






DUNN'S BILL. 



See THE VOTES OF TUE Ohio Republican members, and the whole 

EePUBLIOAH EOKCE, LEGISLATma SLAYEBY INTO KANSAS, AND EENDERINO 
fHILDKEN BOBN EB;e, SLAVES EOB LIEE. TiDE 24Tn AND 25tH SECTIONS 
OE Mb DdNN'S AMENDMENT, WHICH PASSED THE HOUSE, AND WAS SENT TO 

THE Senate, on the 29th oe July, 1856, and theib abandonment oe 

THE OBIGINAL BILL OF Mr. GkOW, No. 75, ANNULLING CERTAIN LAVS IN 

Kansas. 

TThe following pages, 1307 to 1324 inclusive, are in all aspects 
identical wHhSfeco?re ponding pages of the journal of tlie United 
State HoTise of Eepreseitatives, containing tire proceedings of that 

body on the passag^ of Dunn's bill on «« 2.9"> f ^ ° J» [j^^S 
On page thre^ will be found a copy of House bill No. 75, rcportea irom 

'^reS^^^SS:'^^, No. 75, for annulling certain 
law^of Kansas; ^as abandoned for Dunn's bill by the Black Kepubli- 
cans of the Hoise, They wished to keep those laws in force, though 
tbpv denounced them as barbarous and tyrannical ! 

Wot that sections 24 and 25 of Dunn's bill, had it become a law 
wouU kgaUze Ld establish hereditary slavery in Kansas and Nebraska 
\:+n 1Q.?R Iw ontlioritv of Congress, independent of the wishes ot tne 
^: pie ofVeVe"K -d in°violation if the right of the people to 

lalotKanmt and Nebrask^, although the Black Republicans pro- 

fefs ?o believe that law is unconstitutional, and ought to bejepealed ! 

Oiserve the votes of Black BepuUican members from Oho on Dunn s 

^"rnXftlSt the' Black Eepublicans who passed Dunn's bill re- • 
fuselto take up and pass the'^Senate bill, which provided for the 1;. 
repeal of those laws of liansas that were in violation of any well set- 
tled nrincinle of constitutional or common law 1 

imSerthat this Eepublican party sent men, money and muni- 
tion of war Kansas, to foment and support open rebellion against 
the laws ttev thus had refused to repeal ; and their members of Con- 
fess at the^same time, endeavored to stop the supplies of the army 
fnd thus deprive the President of the power to preserve order All 
?Us, that Xlence might continue and Wood flow there ; that they 
might make political capital out of outrage and blood ! 



Copy of House hill No. 75, as originally reported hy Mr. Grow : 

i>4t]i Congress, ) H. R. 75. 

1st Session. \ 

[No Report.] 



IN THE HOUSE OF REPRESENTATIVES. 

February 27, 1856. 

Read twice, committed to tlie Committee of the Whole on the state 
of the Union, and ordered to he printed. Mr. Dunn to reconsider 
vote on commitment, pending. 



Mr. Grow, from the Committee on Territories, reported the follow- 
ing hill : 

A BILL 

To annul certain acts of the legislative assembly of the Territory of 
Kansas, and to secure to the citizens of said Territory their rights 
and privileges. ^ 

1 Be it enacted hy the Senate and House of Bepi'esentatives of the 

2 United States of America in Congress assembled, That an act of the 

3 legislative asseml)ly of the Territory of Kansas, entitled "An act 

4 to punish offences against slave propeity," be, and the same is 

5 hereby, declared " inoperative and void." 

1 Sec. 2. And he it further enacted, That so much of the eleventh 

2 section of an act of the legislative assembly of said Territory, 

3 entitled " An act to regulate elections," as provides for Indians, 

4 who are not citizens, voting in said Territory, is hereby declared 

5 ' ' inoperative and void. ' ' 

1 Sec. 3. And he it further enacted, That the inhabitants of said 

2 Territory shall not be required, as a qualification to vote or hold 

3 office iit said Territory, or to practise as attorney in any court of 

4 law, to take any oath or affirmation in addition to that of citi- 

5 zenship, or of fidelity in the discharge of the duties pertaining to 

6 their office or offices respectively, other than to support the con- 

7 stitution of the United States ; nor shall any property qualifica- 

8 tion or religious test be imposed as a condition to the exercise of 

9 such right, or as a qualification to serve on juries, or give evi- 

10 dence in any court of justice in said Territory ; and any rule, 

11 regulation, or legislative enactment in said Territory inconsistent 

12 with the provisions of this act, is hereby annulled and declared 

13 " inoperative and void." 



[For the following extract see House Journal, page 609.] 

Mr. Grow^ from tlie same committee, reported bills of tlie following 
titles, viz : 

H. E. 74. A bill to amend, and supplementary to, " An act to or- 
ganize the Territories of Nebraska and Kansas," approved May 30, 
1854; and 

H. E. 75. A bill to annul certain acts of the legislative assembly of 
the Territory of Kansas, and to secure to the citizens of said Territory 
their rights and privileges ; 

which bills were severally read a first and second time, committed to 
the Committee of the Whole House on the state of the Union, and 
ordered to be printed. 

Subsequently, 

Mr. Dunn moved that the vote by which the last named bill (H. E. 
75) was committed to the Committee of the Whole House on the state 
of the Union be reconsidered. 

The said motion was passed over. 



J^ 29, 1856.] HOUSE OF EEPRESENTATIVES, 130T 



[EXTRACf.] 

Mr. Dunn having called up the motion heretofore submitted by him 
to reconsider the vote by which the bill of the House {H^ R. 75) to 
annul certain acts of the legislative assembly of the Territory of Kan- 
sas, and to secure to the citizens of said Territory their rights and 
privileges, was committed to the Committee of the Whole House on 
the state of the Union, 

Mr. Howell Cobb moved that the said motion to reconsider be laid 
on the table. 

And the question being put, 

c Yeas . 69 

It was decided in the negative, < >^ ^3 

The yeas and nays being desired by one-fifth of the members 
present, 



1308 



JOUENAL OF THE 



[July 29, 1856. 



Those who voted in the affirmative are — 



Mr. "William Aiken 

William Barksdalc 
Peter H. Bell 
Hendley S. Bennett 
Thomas F. Bowie 
Lawrence O'B. Branch 
Jacob Broom 
Henry C. Burnett 
John P. Campbell 
John S. Carlile 
John S. Caskie 
Howell Cobb 
Williamson R. V/. Cobb 
Leander M. Cox 
Burton Craige 
Martin J. Crawford 
Thomas G. Davidson 
James W. Denver 
James F. Dowdell 
Henry A. Edmundson 
William H. English 
Charles J. Faulkner 
Nathaniel G. Foster 



Mr. Thomas J. D. Fuller 
William 0. Goode 
Alfred B. Greenwood 
J. Morrison Harris 
Sampson W. Harris 
Thomas L. Harris 
George S. Houston 
Joshua H. Jewett 
George W. Junes 
J. Glancy Jones 
Luther M. Kennett 
Zedekiah KidAvell 
William A. Lake 
James J. Lindley 
John H. Lumpkin 
Samuel S. Marshall 
Smith Miller 
John S. Millson 
George W. Peck 
John S. Phelps 
Paulus Powell 
Edwin G. Eeade 
Charles Ready 



Mr. James B. Ricaud 
Thomas Rivers 
Thomas Rufliu 
John H. Savage 
James L. Seward 
Eli S. Shorter 
Samuel A. Smith 
William Smith 
William R. Smith 
William H. Sneed 
Alexander H. Stephens 
James A. Stewart 
Samuel F. Swope 
Miles Taylor 
Robert P. Trippe 
Warner L. Underwood 
William W. Valk 
Percy Walker 
Hiram Warner 
Warren Winslow 
Daniel B. Wright 
John V. Wrightl 
Felix K. ZoUicoffer. 



Those who voted in the negative are — 



IMr. Charles J. Albright 
John Allison 
Edward Ball 
Lueian Barbour 
Henry Bennett 
Samuel P. Benson 
James Bishop 
Philemon Bliss 
Samuel C. Bradshaw 
Samuel Brenton 
James Buffinton 
James H. Campbell 
Lewis D. Campbell 
Calvin C. Chaffee 
Isaiah D. Clawson 
Schuyler Colfax 
Linus B. Comins 
John Covode 
William Cumback 
William S. Damrell 
Sidney Dean 
John Dick' 
Edward Dodd 
George G. Dunn 
Nathaniel B. Durfee 
Francis S. Edwards 
J. Recce Emrie 
Thomas T. Flagler 
Henry M. Fuller 
Samuel Galloway 
Joshua R. Giddings 

GO 



-n. 



no 



Mr. William A. Gilbert 
Amos P. Granger 
Galusha A. Grow 
Aaron Harlan 
John Scott Harrison 
Solomon G. Haven 
David P. Hollo way 
Thomas R. Horton 
Valentine B. Horton 
Jonas A. Hilghston 
William H. Kelsey 
Rufus H. King 
Chauncey L. Knapp 
Jonathan Knight 
Ebenezer Knowlton 
James Knox 
John C. Kunkel 
Benjamin F. Leiter 
Humphrey Marshall 
Orsamns B. Matteson 
Andrew Z. McCarty 
Killian Miller 
Oscar F. Moore 
Edwin B. Morgan 
Justin S. Morrill 
Richard Mott 
Matthias H. Nichols 
Jesse 0. Norton 
Andrew Oliver 
Asa Packer 
John M. Parker 



Mr. Guy R. Pelton 
John J. Perry 
John U. Pettit 
James Pike 
Benjamin Pringle 
Samuel A. Purviance 
David Ritchie 
Alvah Sabin 
Russell Sage 
William R. Sapp 
John Sherman 
Francis E. Spinner 
Benjamin Stanton 
James S. T. Stranahan 
Mason W. Tappan 
Benjamin B. Thurston 
Lemuel Tcxld 
Mark Trafton 
Edward Wade 
Abram Wakeman 
David S. Walbridge 
Henry Waldron 
Cadwalader C.Washburne 
ElUhu B. Washburne 
Israel Washburn, jr. 
Cooper K. Watson 
William W. Welch 
Daniel Wells, jr. 
John M. Wood 
John Woodruff 
James H. Woodwortli. 



CeSo the House refused to lay the motion to reconsider on the tahle. 
8'i'The question again recurring on the motion to reconsider, 

Mr. Dunn moved the previous question ; which was seconded and 



/w?y29, 1856.] HOUSE OF REPKESENTATIVES. 1309 

the main question ordered, and under the operation thereof the mo- 
tion to reconsider was agreed to. 

The question then recurred on the motion to commit ; 

And being put, 

It was decided in the negative. 

The question then recurring on the engrossment of the bill, 

Mr. Diinn submitted the following, as an amendment in the nature 
of a substitute for the bill, viz : 

Strike out all after the enacting clause, and insert : 

That all that iiart of the territory of the United States which lies between 
the parallels of thirty -six degrees a7id thirty minutes and- forty degrees of 
north latitude, and which is east of the eastern boundary of the Territory of 
Utah, to the southeast corner thereof, and east of a line thence due south to 
■ the said parallel of thirty-six degrees thirty minutes north latitude, and is 
bounded on the east by the western bouwiary of the State of Missouri, shall 
constitute one Territory, and shall be, and hereby is, constituted and organ- 
ized into a temporary government by the name of the Territory of Kansas: 
Provided, That nothing in this act shall be so construed as to impair or in 
any ivay interfere with the rights of persons, property, or the government of 
any Indian or Indian tribes now within said limits, which have been hereto- 
fore secured to such Indian or tribes by any treaty or laiv of Congress, so 
long as such rights or government shcdl remain unaffected by laws of Con- 
•gress, to be passed, or treaties to be made, after the passage of this act. Nor 
shall anything herehi contained impede or otherwise affect the authority of 
the government of the United Slates to make any regulations respecting such 
Indians, their government, property, or other rights, by law, treaty, or 
otherroisc, hereafter, which it would have been competent for the government 
of the United Stales to make if this act had 7itver passed. And provided 
further. That nothing in this act contained shall be construed to prohibit the 
governmertt of the United States from hereafter dividing said Territory of 
Kansas into tivo or more Slates or Territories, in such manner and at such 
time or times as Congress shall deem convenient and proper, or from attach- 
ing all or any portion thereof to any other State or Territory of the United 
■States, except to such as by any law or usage may at the time tolerate the 
institution of slavery. ^ '^-'■' 

Sec. 2. And be it further enacted, That the executive power and au- 
thority in and over said Territory of Kansas shall be vested in a. governor, 
who shall hold his oficc for four years, and until his successor shall be ap- 
pointed and qualifed, unless sooner removed by the President of the United 
States. The governor shall reside within said Territory, shall be com- 
mander-in-chief of the militia, thereof shall perform the dut/es and receive the 
emoluments of Superintendent of Indian Affairs, and shall approve of all laws 
passed by the legislative assembly before they shall take effect, unless two- 
thirds of each branch of the legislature shall pass such laiv, notwithstandirig 
the objection of such governor, as hereinafter provided ; he may grant par- 
dons for offences against the laws of said Territory, and reprieves for 
off'ences against the laws of the United States until the decision of the 
President can be made known thereon; he shcdl comniissioti all officers who 
shall be appointed to office jinder the laws of the said Territory, and shall 
take care that the laws befaithfdly executed. 



1310 JOURNAL OF THE {Juhj 29, 1856. 

Sec. 3. And be it further enacted, That there shall he a secretary o 
said Territory, who shall reside therein, and hold his office for four years, 
unless soo7ier removed by the President of the United States; he shall 
record and "preserve all the laws and proceedings of the legislative as- 
sembly hereinafter constituted, and all the acts and 'proceedings of the 
governor in his executive deiiartment', he shall transmit six cojnes of the 
laivs and joicr?ials of the legislative assembly within sixty days after the 
end of each session, and also six copies of the executive proceedings, on 
or before the first day of December in each year, to the President of the 
United States, for the use of the President and the execiitive depart- 
ments; and at the same time, twelve copies of each of said documents to 
the Speaker of the House of Representatives, and the like number to the 
President of the Senate, for the use of Congress. And iji case of the death, 
removal, resignation, or other necessary absence of the governor from the Ter- 
ritory, the secretary shall have, and he is hereby authorized and required to 
execute and perform, all the powers and duties of the governor during such 
vacancy or necessary absence, or until another governor shall be duly ap- 
pointed to fill such vacancy. 

Sec. 4. And be it farther enacted, That the legislative power and au- 
thority ef said Territory shall be vested in the governor aud a legislative 
assembly. The legislative assembly shall consist of a council and house 
of representatives. The council shall consist of thirteen members, hav- 
ing the qualfication of voters as hereinafter prescribed, whose term of 
service shall continue two years. The house of representatives shall, 
at its first session, consist of twenty-six members, possessing the same 
qualifications as prescribed for members of the council, and whose term 
of service shall cotitinue one year. The number of representatives may 
he increased by the legislative assembly from time to time, in proportion 
to the increase of population: Provieled, That the whole number shall 
never exceed thirty-nine. An apportionment shall be made, as nearly 
equal as practicable, among the several counties or districts, for the elec- 
tion of the council and representatives, giving to each section of the Ter- 
ritory representation in the ratio of its jjopulation, Indians not citizens 
of the United States excepted, as nearly as may be. And the members 
of the council and of the house of representatives, at and for two months 
before the time of their election, and during their term of service, shall 
reside in, and be inhabitants of, the district for which they may be elected, 
respectively, and shall have been actual residents of said Territory for 
one year next before such election, and shall be citizens of the United 
States, and of the age of twenty-five years. The first election under this 
act shall be Jteld on Tuesday after the first Monday i?i November next, 
and on the first Monday in August annually thereafter, at such places, 
and be conducted in such manner, as the governor shall appoiiit and 
direct, until further provision by law; and he shall, at the same time, 
declare the number of members of the council and house of representa- 
tives to which each of the counties or districts shall be entitled under this 
act. The number of persons authorized to he elected having the highest 
number of legal votes in each of said council districts for members of the 
council shall be declared by the governor to be duly elected to the council ; 



/w?2/29;1856.] HOUSE OF KEPRESENTATIVES. 1311 

and the person or 'persons authorized to he elected having the greatest 
number of legal votes for the house of representatives, equal to the num- 
ber to lohich each county or district shall be entitled, shall be declared 
by the governor to he duly elected members of the house of representa- 
tives : Frovided, That, in case of a tie between two or more peisons 
voted for, the govern or shall order a new election to supply the vacancy 
made by such tic ; or, if a vacancy in either branch of the legislative 
assembly shall otherwise occur, until otherwise provided by law, the gov- 
ernor shall order a new election, to fill such vacancy, to be conducted as 
hereinbefure directed. And the persons thus elected to the legislative as- 
sembly shall meet at such place, and on such day, as the governor shall 
appoint; but, thereafter, the time, place, and manner of holding and 
conducting all elections by the people, and the apportio7iing the repre- 
sentation in the several counties or districts to the council and house of 
representatives, accordi^ig to the population, shall he jjrescribcd by law, 
as tvell as the day of the commencement of the regular sessions of the legis- 
lative assembly : Frovided, That no one session shall exceed the term of 
ninety days. 

Sec. 5. And be it further enacted. That every white male inhabitant, 
being a citizen of the United States, above the age of twenty-one years, who 
shall have been a resident of said Territory at the time of the passage of this 
act, shall he entitled to vote at the first election; hut, thereafter, no jjcrson 
shall be entitled to vote at any electio?i who shall not have been an actual 
resident of said Territory for twelve months prior to such election. 

Sec. 6. And be it further enacted, That the legislative power of the Ter- 
ritory shall extend to all rightful subjects of legislation co7isistent with the 
constitution of the United States and the provisions of this act ; but no law 
shall be passed interfering with the primary disp >sal of the soil; no tax shall 
be imposed upon the property of the United States ; nor shall the hnids or 
other property of non-residents be taxed higher than the lands or other prop- 
erty of residents. All the laws passed by the legislative assembly and gover- 
nor shall be submitted to the Congress of the United States, and, if disap- 
proved, shall be void and of no (fiect. But it shall not be competent for said 
legislative assembly to p}as3 any ex post facto law, or law impairing the va- 
lidity of coyitr acts ; nor any law in abridgment of the freedom of speech or oj 
the press, ^or to deprive any one of the right of trial by jury, or of the writ of 
habeas corpm ; nor any law requiring any properly qualification, or religious 
test, for the right to vote, hold office, or practise law, or serve on juries, in ant 
court of justice ; neither shall any person, to be entitled to any of said p)rivi' 
leges, be required to taJce an oath or affirmation to support any law othen 
than the constitution of the United States. Nor shall cruel or unusual pun- 
ishments be ailoived, nor reasonable bail be rejuscd to any perso7i accused oj 
any crime, excejH treason and murder, nor in the latter case unless the qiroof 
is ^evident or the presumption great. Neither shall any law be passed to con- 
fer upon any person or persons, natural or artificial, any ba?iking powers op 
privileges, of any kind whatever, or alloiving any person or p)erso7is, as afore- 
said, with such powers granted to them in any other State or Territory of 
the United. Siates, the privilege to set up, maintain, or carry 07i, in any 
manner whatever, the business of banking within said Territory of Kansas. 



1312 ''''' "JOURNAL OF THE [Juhj 29, ISBQ. 

Nor shall said legislative assemhly borrow mane?/ on the faith of the 
Territory or otherivise, or autho7'ize it to he done for any other purpose, 
or on any other occasion or pretence, than to protect the people of said 
Territory against invasion or insurrection, or Indian dejyredations ; and 
loans for any of such purposes shall not exceed in the aggregate, at any 
one time, the sum of one hundred thousand dollars. When any loans 
shall he made, or provided for, it shall he the duty of the governor 
of said Territory forthiuith to inform the President of the United States 
thereof, and also for what specific purpose such loan ivas directed. 
Neither shall it he comp)etent for the legislative department of said Ttr^ 
ritory to issue, or authorize to he issued, any honds, drafts;, scrip, or 
other evidences of debt of any description, for any other j)urpose than 
above named, or for a greater amount outstanding at one time, in the 
aggregate, than above named. And alllaws, or jyretended laws, tohether 
now existing or hereafter enacted in said Territory, in contravention, 
of these provisions, shall he void. All laivs shall he, as far as possible, 
equal and uniform in their operation. No distinction shall he made, 
in assessments, between different kinds of property, for the purpose 
of taxation ; hut all such assessments shall he according to the true 
value thereof: Provided, That the legislative assemhly may exempt 
from assessment and taxation all property held or set apart for religious, 
charitable, or educational purposes, all public libraries, and all pri- 
vate libraries, other than those used for professional purposes ; also, 
other personal property of any one person, not exceeding in value three 
liwidred dollars. 

To avoid the confusion and improprieties lohich may result from in- 
termixing in one and the same act or law a mimher of things or subjects 
p)hich have 7io relation to each other, every laiu shall embrace but one 
object, and that shall be expressed in the title of the hill or act. And 
every act which shall p)ass the council and house of representatives shall, 
"before it becomes a laio, be presented to the governor for his signature. 
Jfhe approve, he shall sign it ; otherivise he shall retwn it to the house 
in which it originated, with his objections^ icho shall enter said objec- 
tions at large on their journal, and proceed to reconsider it. If, after 
such reconsideration, a majority of tivo-thirds of the members elected to 
that house shall again pass it, and have their names entered upon their 
Journal upon a ccdl of the yeas and nays, said bill shall then, ivith said 
objections, he sent to the other house for the like reconsideration. And 
if said hill shall, in that house, receive a like majority, and their names 
he entered upon their journal upon a call of the yeas and nays, it shall 
become a laio ; subject, nevertheless, to revieiv by Congress, as in other 
eases. And if any bill shall not he returned by the governor loithin 
three days (excluding the Sabbath) after it shall be presented to him, the 
same shall become a laio (iinless Congress forbid it) in like manner as if 
he had signed it, unless the assemhly, by adjournment, j^^'event its re- 
turn, in tvhich case it shall not be a law. 

Sec. Y. And he it further enacted, That all township, disti'ict, and 
county officers, not herein otherwise provided for, shall he appointed or 
elected, as the case may he, in such manner as shall be provided by the 
governor and legislative assembly of the Territory of Kansas. The 
governor shall nominate, and, by and with the advice and consent of the 



t7"%29,1856.] HOUSE OF REPRESENTATIVES. 1313 

legislative council, appoint all other officers, the choice of whom is not 
herein oiherioise provided for ; and in the first instance, the governor 
alone may appoint all said officers, who shall hold their offices imiil the 
end of the next session of the legislative assembly, and until their suc- 
cessors are apjjointed, or elected, and qualified. 

■ Sec. S. And be it further enacted, That no member of the legislative 
assembly shcdl hold, or be appointed to, any office lohich shall have been 
created, or the salary and emoluments of lohich shall have been increased 
while he was a member, during the term for lohich he toas elected, and 
for one year after the expiration of said term ; and no person holding a 
commission or appointment under the United States, except postmasters, 
shall he a member of the legislative assembly, or shall hold any office under 
the government of said Territory. 

Sec. 9. And he it further enacted. That the judicial power of said 
Territory shall he vested in a supreme court, district courts, j)robate 
courts, and in justices of the peace. The supreme court shall consist of 
a chief justice and tioo associate justices, any two of ivhom shall consti- 
tute a quorum, and ivho shall hold a term at the seat of government of 
said Territory annually, and they shall hold their offices during the 
period of four years. The said Territory shall he divided into three 
judicial districts, and a district court shall he held in each of said dis- 
tricts hy one of the justices of the supreme court, at such times and places 
as may he prescribed by laio ; and the said judges shall, after their ap- 
pointments, respectively, reside in the districts tuhich shall he assigned 
iliem. The jurisdiction of the several courts herein provided for, both 
appellate and origincd, and that of the probate courts and of justices of 
tlie peace, shall be as limited by lata : Provided, That justices of the pteace 
shall not have jurisdiction of any matter in controversy ivhen the title or 
boundaries of land may he in dispute, or where the debt or sum claimed 
shall exceed one hundred dollars; and the said supreme and district 
courts, respectively, shall possess chancery, as ivell as common law, juris- 
diction. Each district court, or the judge thereof, shall appoint its clerk, 
who shall also be the register in chancery, and shall keep his offi,ce at the 
place ivhere the court may he held. Writs of error, bills of excepttion, 
and ajjpeals, shall be alloived in all cases, civil or criminal, from the 
final decisions of said district courts to the supreme court, under such 
regulations as may he j^rescrihed hy law ; hut in no case removed to the 
supreme court shall trial by jury he alloived in said court. The supreme 
court, or the justices thereof, shall appoint its oion clerk, and every clerk 
shall hold his office at the pleasure of the court for ivhich he shall have 
been appointed. Writs of error ayid appeals from the final decisions of 
said supreme court shall he alloived in all cables ivhatsoever, civil or ci'imi- 
nal, except as hereinafter limited, and may he taken to the Supreme Court 
of the United States , in the same manner and under the same regulations as 
from the ch'cuit courts of the United States; but in civil suits, lohcre the 
value of the property or the amount in controversy, to be ascertained hy 
the oath or affirmation of either party, or other competent luitness, shall 
not exceed one thousand dollars, no such appeal or lorit of error shall he 
alloived; and each of the said district courts shall have and exercise the 
same jurisdiction in all cases arising under the constitution and laws of 
the United States as is vested in the \circuit and district courts of the 



1314 JOUENAL OF THE {July 29, 1856. 

United States; and the first six days of every term of^ said courts, or so 
much thereof as shall be necessa?^, shall be appropriated to the trial of 
causes arising under the said constitution and laws; and writs of error 
and appeal in all such cases shall be made to the supreme court of said 
Territory, the same as in other cases. The said clerk shall receive, in all 
such cases, the same fees which the clerks of the district courts of Ne- 
braska Territory noiv receive for similar services. 

Sec. 10. And be it further enacted, That there shall be appointed an 
attorney for said Territory, ivho shall continue in office for four years, 
unless sooner removed by the President, and luho shall receive the same 
fees and salary as the attorney of the United States for the present Terri- 
tory of Nebraska. There shall also be a marshal for the Territory ap- 
pointed, loho shall hold his office for four years, unless sooner removed by 
the President, and who shall execute all processes issuing from the said 
courts, ivhen exercising their jurisdiction as circuit and district courts of the 
United States; he shall perforin the duties, be subject to the same regula- 
tion and penalties, and be entitled to the same regular fees, as the marshal 
of the district court of the United States for the present Territory of Ne- 
braska, and shall, in addition, be paid two hundred dollars annually as 
a compensation for extra services. 

Sec. 11. And be it further enacted. That the governor, sea^etary, chief 
justice and associate justices, attorney, and marshal, shall be nominated 
and, by and ivith the advice and consent of the Senate, appointed by the 
President of the United States. The governor and secretary to be ap- 
pointed as aforesaid shall, before they act as such, respectively , take an 
oath or affirmation before the district judge, or some justice of the peace 
in the limits of said Territory, duly authorized to administer oaths and 
affirmations by the laivs now in force therein, or before the chief justice or 
some associate justice of the Supreme Court of the United States, to sup- 
port the constitution of the United States, and faithfully to discharge the 
didies of their respective offices; ivhich said oaths, ivhen so taken, shall 
be certified by the person by whom the same shall have been taken ; and 
such certificates shall be received and recorded by the said secretary 
among the executive proceedings ; and the chief justice and associate jus- 
tices, and all other civil officers in said Territoi^y, before they act o.s such, 
shcdl take a like oath or affirmation, before the said governor or secretai y, 
or some judge or justice of the jjeace of the Territoi'y, ivho may be duly 
commissioned and qualified, ivhich said oath or affirmation shall be ce?- 
tified and transmitted, by thep>erson taking the same, to the secretary, to 
be by him recorded as aforesaid; and afterwards, the like oath or affirm- 
ation shall be taken, certified, and recorded, in such manner and form 
as may be prescribed by law. The governor shall receive an annual 
salary of two thousand dollars as governor, and one thousand dollars as 
superintendent of Indian affairs. The chief justice and associate jus- 
tices shall each receive an annual salary of eighteen hundred dollars. 
The secretary shall receive an annual salary of eighteen hundred dollars. 
The said salaries shall be paid quarter-yearly, at the treasury of the 
United States. The members of the legislative assembly shall be entitled 
to receive three dollars each per day during their attendance at the ses- 
sions thereof, and three dollars each for every twenty miles' travel in 
going to and returning from the said sessions, estimated according to the 



July 29, 1856.] HOUSE OF EEPEESENTATIVES. 1815 

nearest usually travelled route. There shall he appropriated annually 
the sum of one thousand dollars, to he expended hy the governor to defray 
the contingent expenses of the Territory ; and there shall also he appro- 
pi'iated annually a sufficient sum, to he expend.ed hy the secretary of the 
TetTitory, and upon an estimate to he made hy the Secretary of the 
Treasury of the United States, to defray the expenses of the legislative 
assemhly, the printing of the laics, and other incidental expenses; and the 
secretary of the Territory shall annually account to the Secretary of the 
Treasury of the United States for the manner in which the aforesaid sum 
shall have heen expended. 

Sec. 12. And be it further enacted. That the inhabitants of the said 
Territory shall be entitled to all the rights, privileges, and immunities 
granted and secured to all the citizens of the United States by the laios oj 
the United States not in conflict with the provisions of this act, and also all 
the rights, privileges, and immunities guarantied hy the constitution of the 
United States, except as herein restrained ; and the latos of the United 
States are hereby extended over and declared to he in force in said Ter- 
ritory, so far as the same, or any provision thereof, may he applicable. 

Sec. 13. And be it further enacted, That the legislative assemhly of 
the Territory of Kansas shall hold its first session at such time and place 
in said Territory as the governor thereof shall appoint and dh'ect ; and 
at said first session, or as soon thereafter as they shall deem expedient, 
the governor and legislative assemhly may proceed to locate arfd establish 
the seat of government for said Territory at such place as they may deem 
eligible ; which place, hoivever, may thereafter he subject to he changed 
by the legislative authority of said Territory. 

Sec. 14. And he it further enacted, That a delegate, having the qual- 
ifications of a member of the legislative assembly in said Territory, to 
the House of Representatives of the United States, to serve for the term 
of one year, may be elected hy the voters qualified to elect members of the 
legislative assembly, at the first election contemplated hy this act, icho 
shall he entitled to the same rights and privileges as are exercised and 
enjoyed by the delegates from the several other Territories of the United 
States to the said House of Representatives. And thereafter such dele- 
gates shall be chosen at such time as may be prescribed hy lata, and shcdl 
serve for the term of two years. The person having the greatest number 
of legal votes for such delegate shall he declared hy the governor to he 
duly elected, and a certificate thereof shall he given accordingly. 

Sec. 15. And be it further enacted, That all suits, process, and pro- 
ceedings, civil and criminal, at lato and in chancery, and all indictments 
and informations which shall be pending and undetermined in the courts 
of the Territory of Kansas or of New Mexico, lohen this act shall take 
effect, shall remain in said courts luhere pending, to be heard, tried, 
prosecided, and determined in such courts as though this act had not 
heen passed : Provided, nevertheless. That all criminal prosecutions now 
pending in any of the courts of the Territory of Kansas imputing to any 
person or persons the crime of treason against the United States, and, all 
criminal prosecutions, by information or indictment, against any person 
or persons for any alleged violation or disregard whatever of what are 
usually knoion as the laics of the legislature of Kansas, shall he forth- 
with dismissed by the courts where such prosecutions may he pending, 



1316 JOUENAL OF THE IJuly 29, 1856. 

and every person wJio may he restrained of Ms liberty hy reason of any 
of said prosecutions, cliall he released tlierefrom loithout delay. Nor 
shall there hereafter he instituted any criminal prosecution in any of the 
courts of the United States, or of said Territory, against any person or 
persons, for any such charge of treason in said Territory prior to the 
passage of this act, or any violation or disregard of said legislative 
enactments at any time. 

Sec. 16. And he it further enacted. That all justices of the peace, con- 
stables, sheriffs, and all other judicial and ministerial officers, loho shall 
he in office ivithin the limits of said Territory when this act shall take 
effect, shall he, and they are hereby, authorized and required to continue 
to exercise and perform the duties of their respective offices as officers of 
the Territoi^y of Kansas, temporarily , and until they, or others, shall 
he didy appointed and qualified to fill their places in the manner herein 
directed, or until their offces shall he abolished. 

Sec. 17. And be it further enacted. That the moneys heretofore appro- 
priated for the purchase of a library for said Territory, if not already, 
shall be expended hy and under the direction of the said governor of the 
Territory of Kansas, in the purchase of a library, to he kept at the seat 
of government, for the use of the governor, leqislative assembly, judges 
of the supreme court, secretary, marshal, and attorney of said Terri- 
ritory, and such other persons and under such regulations as shall he 
prescrihed'hy laiv. 

Sec. 18. And he it further enacted. That ivhen the lands in the said 
Territory shall he surveyed under the direction of the government of the 
United States, p)reparcdory to bringing the same into market, sections 
numbered sixteen and thirty-six in each toicnship in said Territory shall 
he, and the same are he7'eby, reserved for the purpose of being applied to 
the suppoi-t of common schools in said Territory, and in the State or 
States and Territories hereafter to he erected out of the same, in such 
way and under such regulations and restrictions as Congress may here- 
after prescribe, or consent to. 

Sec. 19. And be it further enacted, That, temporarily , and until 
otherivise provided hy laiv, the governor of said Territory may define 
the judicial districts of said Territory, and assign the judges loho are or 
may he appointed for said Territory to the several districts, and also 
appoint the times and places for holding courts in the several counties or 
subdivisions in each of said judicial districts hy proclamation to be issued 
hy him ; but the legislative assembly, at their first or any subseque7it ses- 
sion, may organize, alter, or modify such judicial districts, and assign 
the judges, and alter the times and places of holding the courts, as to 
them shall seem proper and convenient. 

Sec. 20. And he it further enacted. That all officers to he appointed 
hy the President, hy and loith the advice and consent of the Senate, for 
the Territory of Kansas, ivho, hy virtue of the provisions of any lata 
noio existing, or which may be eiiacted during the present Congress, are 
required to give secu7'ify for 7noneys that may he intrusted with them fori 
disbursement, sJiall give such security at such time and place, and u 
such maimer, as the Secretary of the Treasury may prescribe. 

Sec. 21. And he it further enacted, That all treaties, laws, and other 
engagements made hy the government of the United States with the In- 



J-|%29,1856.] HOUSE OF REPEESENTATIVES. 1317 

dian tribes inlidblting any part of the territory embraced ivithin this act, 
shall be faithfully and rigidly observed, notiuithstanding anything con- 
tained in this act ; and that the existing agencies and superintendencies 
of said Indians be continued luith the same powers and duties which are 
noio prescribed by laiv, except that the F resident of the United States 
may, at his discretion, change the location of the office of superintendent. 
And the loords inhabitant and inhabitants in this act shcdl not be con- 
strued to relate to any Indian or Indians luithin said Territory, unless 
they are citizens of the United States. 

Sec. 22. And be it further enacted, That for the purpose of further 
promoting the cause of learning, advancing the arts of peace, and giving 
agricidtural enterprise and mechanical labor the aid of science, as the 
lands in said Territory shall be surveyed under the direction of the Uni-. 
ted States, preparatory to bringing the same into market, there shall be, 
in addition to the reservation hereinbefore made for the suppo7't of com- 
mon schools, further reserved from sale ivithin said Territory nine entire 
townships of land, to be located and designated in different parts of said 
Territory, in a tract or tracts of at least one entire township in a body, 
hy or iLnder direction of the Secretury of the Interior, six of which town- 
ships are hereby set apart as endoivments, under the fidure direction of 
Congress, to such universities of learning as shall be established by the 
State or States lohich may be formed oidof said Territory after the same 
shall have been admitted into the Uiiion ; and the other three toionships, 
under the like direction, as endoivments, and for the suppoo^t of mechan- 
ical and agricultural professorships and departments which may be con- 
nected iviih such universities as may in like manner be provided and 
established by such new StcUe or States to be formed oid of said Terri- 
tory, or such agricultural and mechanical schools as may be established 
hy such State or States, disconnected ivith and independent of such uni- 
versities of learning ; hut neither the said Territory, nor the State or 
States thereof to he formed, shall in anywise interfere with any part of 
the lands reserved in this act ivithoid the consent of Congress first thereto 
had and obtained, and then only so far as such consent may he expressly 
given. And in like manner, as the lands in the Teri'itory of Nebraska 
shall he surveyed as aforesaid, there shall be reserved from sale eighteen 
entire townships in the said Territory, to he located and designated as 
those are required to he in the Territory of Kansas, in all respects, twelve- 
of ivhich shall he held as endoivments for universities of learning, and six 
for such mechanical and agricultural professorships or schools as may 
he provided and established; and such reserved townships shall, in all. 
7'espects, he subject to the same regulations, restrictions, and provisions 
in the Territory of Nebraska, or the State or States thereof to be formed, 
80 far as is applicable, as are hereinbefore prescribed in reference to the 
like reservations in the Territory of Kansas, and shall be for the benefit 
of, and subject to such regulations, restrictions, limitations, and provis- 
ions as shall hereafter he established hy law in regard to the new State 
or States that shall in future he formed out of the said Territory of Ne- 
braska. And it shall further he the duty of said Secretary to^ cause to 
he selected, located, and reserved from sale in the said, Territories of 
Kansas and Nebraska, respectively, two sections of land elsewhere in 
said Territories, respectively, for each and every township above required 



1318 ''■■■ JOURNAL OF THE {July 29, 1856. 

to he reserved from, sale^ in lieu of sections sixteen and thirty-six in said 
reserved townships ; and the eighteen sections in Kansas and the thirty- 
six sections in Nebraska so to he selected and set apart in lieu of the sec- 
tions sixteen and thirty-six of the aforesaid reserved toivnships shall he 
reserved from the sale for the support of common schools in said respect- 
ive Territories, and he subject to the same restrictions in all respects as 
are hereinbefore provided for other sections set apart to the use of com- 
mon schools. 

Sec. 23. And he itfu7'ther enacted, That, for the pturpose of encoura- 
ging the sjjeedy settlement of our new Territories of Kansas and Nehraslca 
hy a population of sufficient force to defend themselves against all depre- 
dations of the Indians, or of other evil-disposed persons, and thus to 
relieve the government of the burden and expense of maintaining , at great 
cost and inconvenience, military posts and p)atrolling troops in those re- 
mote Territories, every white person, being the head of a family and a 
citizen of the United States, or ivho, if of foreign birth, shall have made 
a declaration, in due form of laiv, of intention to become a citizen of the 
United States, who shall locate upon any of the lands of the United 
States intended for sale iti said Territories, and improve and cultivate 
the same, at any time before the first day of January, eighteen hundred 
and fifty-eight, and shall continue to reside thereon for one ivhole year 
ivith his or her family, shall he entitled to continue such occup)ancy for 
that time and afterwards to the first day of January, eighteen hundred 
and sixty, as by pre-emption, and until such lands shall be surveyed hy 
the United States and ready for sale, hy filing a notice of such settlement 
and intention to claim the benefit of such pre-emption with the register 
of the land office of the district in which such location may he made, if 
the same is embraced in any land district, and, if not so embraced, with 
the register of the nea^-est land office ; tvhich notice shall he according to 
such forms and made in such luay as the Secretary of the Interior shall 
prescribe. And it shall be the duty of said Secretary to cause such public 
notice of his aforesaid regulations touching pre-emptions to be given in said 
Territory as he may deem necessary for the benefit ofpre-emptors, and also 
hy publication in two neivspapers of general circulation in Washington 
city. And ivhen any person, entitled to the benefit of a pre-emption, shall 
file his notice of the same as shall be directed, the register of such land 
office shall give to such person a certificate thereof. And the lands speci- 
fied in such notice shall not be subject to entry, at public or private sale, 
by any other person than such pre-emptor, or, in the event of the death, 
then of the legal heir or heirs of the pre-emptor, until after the said first 
day of January, eighteen hundred and sixty. But such pre-emptor , or, in 
the event of death, then the heir or heirs of the ijre-emptor, may at any 
time after the filing of such notice — if still occuoying said lands ivhen said 
lands shall have been surveyed and ready for oale — before the said first 
day of January, eighteen hundred and sixty, be permitted to enter said 
pre-empted lands, not exceeding in quantity one quarter section, accord- 
ing to the legal surveys and the legal divisions into quarter sections, or 
less quantities, at the price of five cents per acre, hy making p)r oof , in 
such icay as said secretary shall direct, of such cultivation and occu- 
pancy as above required, to the receiver of the proper land office ; hut no 
such pre-emption or purchase shall embrace lands in more than one quar- 



July 29, 185Q.] HOUSE OF EEPRESENTATIVES. 1319 

ter section. Whenever it shall he found hy the surveys, lohen made, that 
more than one person, entitled to a pre-emption, is located upon the same 
quarter section, such persons may enter that quarter section in common, 
and also other lands as by pre-emption under this act, not exceeding, 
hoiuever, in amount one quarter section for every one pre-emptor , and in 
no case exceeding in the aggregate four quarter sections for any such 
common pre-emption ; or, if such common occupants agree thereto, they 
may enter their said lands separately, instead as above provided in 
common : Provided, TJiat nothing in this act shall be so construed as to 
authorize any pre-emption, or purchase under a pre-emption, of any lands 
in either of said Territories reserved by this act for any educational pur- 
dose, or of any lands ivhich have been, or shall hereafter be, reservedby 
Congress, for any other purpose luhatever, from sale ; or of any saline 
lands, or lands containing mines of gold, silver, copper, lead, quicksil- 
ver, platina, zinc, or tin. And where the lands in said Territories, or 
either of them, shall be surveyed, any person or persons luho may have 
located upon any such reservations may locate and have a pre-emption 
right of purchase of other lands subject thereto, according to the provis- 
ions of this act, in either of said Territories, without having resided 
upon or cultivated the same, by giving notice and making proof and pay- 
ment as above provided : And provided further , That the right of pre- 
emption shall not, in any case, or in any manner luhatever, be assignable; 
nor shall any person who shall asseyi, and give notice of one pre-emption 
right be permitted to assert another, or change that to a different location 
or tract of land, except as above specified, and except also luhere it shall 
be made to appear to the receiver of the proper land office that such per- 
son has been deprived of the benefit of the first claim by a prior and bet- 
ter claim of another person to the same tract of land, being established to 
the satisfaction of such receiver. Nor shall anything herein contained 
be construed to alloio any one to enter upon or assert any pre-emption or 
other claim to any lands in either of said Territories to which the Indian 
title has not already been extinguished. Nor shall the provisions of this 
act apply to any case of settlement or location loithin either of said Ter- 
ritories which has been or shall be made before the passage of this act. 

Sec. 24. And be it further enacted, Ihat so much of the fourteenth sec- 
tion, and also so much of the thirty-second section, of the act passed at the 
first session of the thirty-third Congress, commonly known as the Kansas- 
Nebraska act, as reads as follows, to loit : ' 'Except the eighth section of the 
act preparatory to the admission of Missouri into the Union, approved 
March sixth, eighteen hundred and tiventy, which, being incoTisistent with 
the principle of non-intervention by Congress with slavery in the States and 
Tei'ritories, as recognised by the legislation of eighteen hundred and fifty, 
commonly called the compromise measures, is hei^eby declared inoperative 
and void ; it being the true intent and meaning of this act not to legislate 
slavery into any Territory or State, nor to exclude it therefrom, but to 
leave the people thereof perfectly free to form and regulate their domestic 
institutions in their oiun way, subject only to the constitution of the 
United States : Provided, That nothing herein contained shall be con- 
strued to revive or put in force any law or regulation ivhich may have 
existed prior to the act of sixth March, eighteen hundred and twenty, 
either protecting, establishing, prohibiting or abolishing slavery" — be 
2 



1320 JOUKNAL OF THE [July 29, 1856. 

and the same is lierehy repealed ; and the said eighth section of said act 
of sixth March, eighteen hundred and twenty, is hereby revived and 
declared to he in full force and effect within the said Territories of Kan- 
sas and Nebraska : PROVIDED, HOWEVER, THAT ANY PEK- 
SON LAWFULLY HELD TO SEKVICE IN EITHER OF SAID 
TERRITOEIES SHALL NOT BE DISCHARGED FROM SUCH 
SERVICE BY REASON OF SUCH REPEAL AND REVIVAL 
OF SAID EIGHTH SECTION, IF SUCH PERSON SHALL BE 
PERMANENTLY REMOVED FROM SUCH TERRITORY OR 
TERRITORIES PRIOR TO THE FIRST DAY OF JANUARY, 
EIGHTEEN HUNDRED AND FIFTY-EIGHT ; AND ANY 
CHILD OR CHILDREN BORN IN EITHER OF SAID TERRI- 
TORIES, OF ANY FEMALE LAWFULLY HELD TO SERVICE, 
IF IN LIKE MANNER REMOVED WITHOUT SAID TERRI- 
TORIES BEFORE THE EXPIRATION OF THAT DATE, SHALL 
NOT BE, BY REASON OF ANYTHING IN THIS ACT, EMAN- 
CIPATED FROM ANY SERVICE IT MIGHT HAVE OWED 
HAD THIS ACT NEVER BEEN PASSED : AND PROVIDED 
FURTHER, THAT ANY PERSON LAWFULLY HELD TO 
SERVICE IN ANY OTHER STATE OR TERRITORY OF THE 
UNITED STATES, AND ESCAPING INTO EITHER THE TER- 
RITORY OF KANSAS OR NEBRASKA, MAY BE RECLAIMED 
AND REMOVED TO THE PERSON OR PLACE WHERE SUCH 
SERVICE IS DUE, UNDER ANY LAW OF THE UNITED 
STATES WHICH SHALL BE IN FORCE UPON THE SUBJECT. 

Sec. 25. Andheit further enacted, That all other parts of the afore- 
said Kansas-Nebraska act which relate to the said Territory of Kansas j 
and every other law or usage having, or tvhich it is pretended have any 
force or effect in said Territory in conflict with the provisions or the 
spirit of this act, except such laws of Congress and treaiy stipulations as 
relate to the Indians, are hereby repealed, and declared void. 

The same having been read, 

Mr. Dunn moved the previous question ; which was seconded, and 
the main question ordered to be put. 

Mr. EUihu B. Washburne moved that the vote by which the main 
question was ordered be reconsidered, and also moved that the motion 
to reconsider be laid on the table ; which latter motion was agreed to. 

The question then recurring on the said amendment, 

Mr. Sneed moved that the bill be laid on the table. 

And the question being put. 

It was decided in the negative, < at„„„ qo 

The yeas and nays being desired by one-fifth of the members present, 
Those who voted in the affirmative are — 

Mr, William Aiken Mr. John S. Caiiile Mr. Elisha D. Cullen 

William Barksdale Samuel Caruthers Thomas G. Davidson 

Peter H. Bell John S. Caskie H. Winter Davis 

Thomas F. Bowie Howell Cobb James W. Denver 

Lawrence O'B. Branch Williamson R. W. Cobb James F. Dowdell 

Jacob Broom Leander M. Cox Henry A. Edmundson 

Henry C. Burnett Burton Craige William H. English 

John P. Campbell Martin J. Crawford Charles J. Faulkner 



July 2d, 185e.] HOUSE OF REPRESENTATIVES. 



1321 



Mr. Nathaniel G. Foster 
Henry M. Fuller 
Thomas J. D. Fuller 
William 0. Goode 
Alfred B. Greenwood 
J. Morrison Harris 
Sampson W. Harris 
Thomas L. Harris 
Henry W. Hoffnian 
George S. Houston 
Joshua H. Jewett 
George W. Jones 
J. Glancy Jones 
Luther M. Kennett 
Zedekiah Kidwell 
William A. Lake 
John H. Lumpkin 
Humphrey Marshall 



Mr. Samuel S. Marshall 
Augustus E. Maxwell 
Smith Miller 
John S. Millson 
Asa Packer 
George W. Peck 
John S. Phelps 
Paulus Powell 
Richard C. Puryear 
John A. Quitman 
Edwin G. Reade 
Charles Ready 
James B. Ricaud 
Thomas Rivers 
Thomas Ruflin 
John H. Savage 
Eli S. Shorter 
Samuel A. Smith 



Those who voted in the negative are — 



Mr. Charles J. Albright 
John Allison 
Edward Ball 
Lucian Barbour 
Henry Bennett 
Samuel P. Benson 
James Bishop 
Philemon Bliss 
Samuel C. Bradshaw 
Samuel Brenton 
James Buffinton 
James H. Campbell 
Lewis D. Campbell 
Calvin C. Chaffee 
Isaiah D. Clawson 
Schuyler Colfax 
Linus B. Comins 
John Covode 
William Cumback 
William S. Damrell 
llmothy C. Day 
Sidney Dean 
John Dick 
Edward Dodd 
George G. Dunn 
Nathaniel B. Durfce 
John R. Edie 
Francis S. Edwards 
J. Reece Emrie 
Thomas T. Flagler 
Joshua R. Giddings 



Mr, William A. Gilbert 
Amos P. Granger 
Galusha A. Grow 
Robert B. Hall 
Aaron Harlan 
John Scott Harrison 
Solomon G. Haven 
David P. Holloway 
Thomas R. Horton 
Valentine B. Horton 
Jonas A. Hughston 
William H. Kelsey 
Rufus H. King 
Chauncey L. Knapp 
Jonathan Knight 
Ebenezer Knowlton 
James Knox 
John C. Kunkel 
Benjamin F. Leiter 
Orsamus B. Matteson 
Andrew Z. McCarty 
Killian Miller 
Oscar F. Moore 
Edwin B. Morgan 
Justin S. Morrill 
Richard Mott 
Matthias H. Nichols 
Jesse 0. Norton 
Andrew Oliver 
John M. Parker 
Guy R. Pelton 



Mr. William Smith 
William H. Snecd 
Alexander H. Stephens 
James A. Stewart 
Samuel F. Swope 
Miles Taylor 
Robert P. Trippe 
Warner L. Underwood 
William W. Valk 
Percy Walker 
Hiram Warner 
Albert G. Watkins 
Thomas R. Whitney 
Warren Winslow 
Daniel B. Wright 
John V. Wright 
Felix K. Zollicoffer. 



Mr. John J. Perry 
John U. Pettit 
James Pike 
Benjamin Pringle 
Samuel A. Purviance 
David Ritchie 
Alvah Sabin 
Russell Sage 
William R. Sapp 
John Sherman 
George A. Simmons 
Francis E. Spinner 
Benjamin Stanton 
James S. T. Stranahan 
Mason W. Tappan 
Benjamin B. Thurston 
Lemuel Todd 
Mark Trafton 
Edward Wade 
Abram Wakeman 
David S. Walbridge 
Henry Waldron 
Cadwalader C.Washburne 
Ellihu B. Washburne 
Israel Washburn, jr. 
Cooper K. Watson 
William W. Welch 
Daniel Wells, jr. 
John M. Wood 
John Woodruff 
James H. Woodworth. 



So the House refused to lay the bill on the table. 

The question then recurred on the amendment of Mr. Dunn ; 

And being put, 

c Yeas 89 

It was decided in the affirmative, < jjoyg 177 

The yeas and nays being desired by one-fifth of the members 
present, 

Those who voted in the affirmative are — 



Mr. Charles J. Albright 
John Allison 



Mr. Edward Ball 
Lucian Barbour 



Mr. Samuel P. Benson 
James Bishop 



1322 



JOUENAL OF THE 



{July 29, 1856. 



Mr. Philemon Bliss 

Samuel C. Bradshaw 
Samuel Brenton 
James Buffinton 
James H. Campbell 
Lewis D. Campbell 
Calvin C. Chaffee 
Isaiah D. Clawson 
Schuyler Colfax 
Linus B. Comins 
John Covode 
William Cumback 
William S. Damrell , 
Sidney Dean 
John Dick 
Edward Dodd 
George G. Dunn 
Nathaniel B. Durfee 
John E. Edie 
Francis S. Edwards 
J. Keece Emrie 
Thomas T. Flagler 
Joshua R. Giddings 
William A. Gilbert 
Amos P. Granger 
Galusha A. Grow 
Kobert B. Hall 
Aaron Harlan 



Mr. John Scott Harrison 
Solomon G. Haven 
David P. Holloway 
Thomas R. Horton 
Valentine B. Horton 
Jonas A. Hughston 
William H. Kelsey 
Rufus H. King 
Chauncey L. Knapp 
Jonathan Knight 
Ebenezer Knowlton 
James Knox 
John C. Kunkel 
Orsamus B. Matteson 
Andrew Z. McCarty 
Killian Miller 
Oscar F. Moore 
Edwin B. Morgan 
Justin S. Morrill 
Matthias H. Nichols 
Jesse 0. Norton 
Andrew Oliver 
John M. Parker 
Guy R. Pelton 
John J. Perry 
John U. Pettit 
James Pike 
Benjamin Pringle 



Mr. Samuel A. Purviance 
David Ritchie 
Alvah Sabin 
Russell Sage 
William R. Sapp 
John Sherman 
George A. Simmons 
Francis E. Spinner 
Benjamin Stanton 
James S. T. Stranahan 
Mason W. Tappan 
Benjamin B.Thurston 
Lemuel Todd 
Mark Trafton 
Edward Wade 
Abram Wakeman 
David S. Walbridge 
Henry Waldron 
Cadwalader C. Washbume 
EUihu B. Washbume 
Israel Washburn, jr. 
Cooper K. Watson 
WilUam W. Welch 
Daniel Wells, jr. 
John M. Wood 
John Woodruif 
James H. Woodworth. 



Those who voted in the negative are — 



Mr. William Aiken 

William Barksdale 
Peter H. Bell 
Henry Bennett 
Thomas F. Bowie 
Jacob Broom 
Henry C. Burnett 
John P. Campbell 
John S. Carlile 
Samuel Caruthers 
John S. Caskie 
Howell Cobb 
Williamson R. W. Cobb 
Leander M. Cox 
Burton Craige 
Martin J. Crawford 
Elisha D. Cullen 
Thomas G. Davidson 
H. Winter Davis 
Timothy C. Day 
James W. Denver 
James F. Dowdell 
Henry A. Edmundson 
William H. English 
Charles J. Faulkner 
Nathaniel G. Foster 



Mr. Henry M. Fuller 
William 0. Goode 
Alfred B. Greenwood 
J. Morrison Harris 
Sampson W. Harris 
Thomas L. Harrris 
Henry W. Hoffman 
George S. Houston 
Joshua H. Jewett 
George W. Jones 
Luther M. Kennett 
Zedekiah Kidwell 
William A. Lake 
Benjamin F. Leiter 
John H. Lumpkin 
Humphrey Marshall 
Samuel S. Marshall 
Augustus E. Maxwell 
Smith Miller 
John S. Millson 
Asa Packer 
George W. Peck 
John S. Phelps 
Paulus Powell 
Richard C. Puryear 
John A. Quitman 



Mr. Edwin G. Eeade 
Charles Ready 
James B. Ricaud 
Thomas Rivers 
Thomas Ruffin 
John H. Savage 
Eli S. Shorter 
Samuel A. Smith 
William Smith 
William H. Sneed 
Alexander H. Stephens 
James A. Stewart 
Samuel F. Swope 
Miles Taylor 
Robert P. Trippe 
Warner L. Underwood 
William W. Valk 
Percy Walker 
Hiram Warner 
Albert G. Watkins 
Thomas R. Whitney 
Warren Winslow 
Daniel B. Wright 
John V. Wright 
Felix K. ZoUicoffer. 



So the amendment was agreed to. 

Mr. Dunn moved that the vote last taken be reconsidered, and 
also moved that the motion to reconsider be laid on the table ; which 
latter motion was agreed to. 



^■^2^29,1856.] HOUSE OF REPEESENTATIVES. 



1323 



The bill, as amended,, was then ordered to be engrossed and read a 
third time. 

Being engrossed, it was accordingly read the third time. 

The question then being on its passage, 

Mr. Dunn moved the previous question ; which was seconded, and 

the main question ordered and put, viz: Shall the bill pass? 

( Yeas 8S 

And it was decided in the affirmative, < -j^ ^. 

The yeas and nays being desired by one-fifth of the members 
present. 

Those who voted in the affirmative are — 



Mr. Charles J. Albright 
John Allison 
Edward Ball 
Lucian Barbour 
Samuel P. Benson 
James Bishop 
Philemon Bliss 
Samuel C. Bradshaw 
Samuel Brenton 
James Bufiinton 
James H. Campbell 
Lewis D. Campbell 
Calvin C. Chaflfee 
Isaiah D. Clawson 
Schuyler Colfax 
Linus B. Comins 
John Covode 
William Cumback 
William S. Damrell 
Sidney Dean 
John Dick 
Edward Dodd 
George G. Dunn 
Nathaniel B. Durfee 
John R. Edie 
Francis S. Edwards 
J. Eeece Emrie 
Thomas T. Flagler 
Joshua R. Giddings 
William A. Gilbert 



Mr. Amos P. Granger 
Galusha A. Grow 
Robert B. HaU 
Aaron Harlan 
John Scott Harrison 
Solomon G. Haven 
David P. HoUoway 
Thomas R. Horton 
Valentine B. Horton 
Jonas A. Hughston 
William H. Kelsey 
Rufus H. King 
Chauncey L. Knapp 
Jonathan Knight 
Ebenezer Knowlton 
James Knox 
John C. Kunkel 
Orsamus B. Matteson 
Andrew Z. McCarty 
Killian Miller 
Oscar F. Moore 
Edwin B. Morgan 
Justin S. Morrill 
Matthias H. ISiichols 
Jesse 0. Norton 
Andrew Oliver 
John M. Parker 
Guy R. Pelton 
John J. Perry 



Mr. John U. Pettit 
Benjamin Pringle 
Samuel A. Purviance 
David Ritchie 
Alvah Sabin 
Russell Sage 
William R. Sapp 
John Sherman 
George A. Simmons 
Francis E. Spinner 
Benjamin Stanton 
James S. T. Stranahan 
Mason W. Tappan 
Benjamin B. Thurston 
Lemuel Todd 
Mark Trafton 
Edward Wade 
Abram Wakeman 
David S. Walbridge 
Henry Waldron 
Cadwalader C . Washburne 
Ellihu B. Washburne 
Israel Washburn, jr. 
Cooper K. Watson 
WilUam W. Welch 
Daniel Wells, jr. 
John M. Wood 
John Woodruff 
James H. Woodworth. 



/ 



Those who voted in the negative are — 



Mr. William Aiken 
William Barksdale 
Peter H. Bell 
Thomas F. Bowie 
Lawrence O'B. Branch 
Jacob Broom 
Henry C. Burnett 
John P. Campbell 
John S. Carlilo 
Samuel Caruthers 
John S. Caskie 
Howell Cobb 
Williamson R. W. Cobb 
Leander M. Cox 
Burton Craige 
Martin J. Cra-svford 
Elisha D. Cullen 



Mr. Thomas G. Davidson 
H. Winter Davis 
James W. Denver 
James F. Dowdell 
Henvy A. Edmundson 
William H. English 
Charles J. Faulkner 
Nathaniel G. Foster 
William 0. Goode 
Alfred B. Greenwood 
J. Morrison Harris 
Sampson W. Harris 
Thomas L. Harris 
George S. Houston 
Joshua H. Jewett 
George W. Jones 
J. Glancy Jones 



Mr. Luther M. Kennett 
Zedekiah Kidwell 
William A. Lake 
Benjamin F. Leiter 
John H. Lumpkin 
Humphrey Marshall 
Samuel S. Marshall 
Augustus E. Maxwell 
Smith Miller 
John S. Millson 
Asa Packer 
George W. Peck 
John S. Phelps 
Paulus Powell 
Richard C. Puryear 
John A. Quitman 
Edwin G. Reade 



1324 



JOURNAL OF THE HOUSE. [July 29, 1856. 



Mr. Charles Ready 
James B. Ricaud 
Thomas Rivers 
Thomas RuflSn 
John H. Savage 
Eli S. Shorter 
Samuel A. Smith 
William Smith 



Mr. William H. Sneed 

Alexander H. Stephens 
James A. Stewart 
Samuel F. Swope 
Miles Taylor 
Robert P. Trippe 
Warner L. Underwood 
WUliam W. Valk 



Mr. Percy Walker 
Hiram Warner 
Albert G. Watkins 
Warren Winslow 
Daniel B. Wright 
John V. Wright. 
Felix K. Zollicoffer. 



So the "bill was passed. 

Mr. Dunn moved that the vote last taken he reconsidered, and 
also moved that the motion to reconsider he laid on the tahle ; which 
latter motion was agreed to. 

The title of the bill was then amended so as to read '' An act to 
reorganize the Territory of Kansas, and for other purposes." 

And the title as amended was agreed to. 

Mr. Dunn moved that the vote last taken he reconsidered, and 
also moved that the motion to reconsider he laid on the table ; which 
latter motion was agreed to. 

Ordered, That the Clerk req[uest the concurrence of the Senate in 
the said hill. 



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